RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00048
		INDEX CODE:  108.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His service-connected medical conditions, degenerative arthritis, limited motion in cervical spine, left and right knee condition, condition of skeletal system, and bilateral pes planus, be assessed as combat related in order to qualify for compensation under the Combat Related Special Compensation (CRSC) Act.

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APPLICANT CONTENDS THAT:

Aerial flight is criteria for CRSC under hazardous service.  His 30-year flying career included hazardous weather recon missions, typhoon tracking, a year of daily combat/combat support missions in Vietnam, and 15 years of search and rescue/operational missions.  The aerial environment of hard landings, takeoffs, turbulence, emergencies, combat/combat related training missions and operational search and rescue missions had a direct affect over the years on his body and not the normal wear and tear of everyday life.  

In support of his request, applicant provided a copy of his CRSC denial letter.  His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 14 Jul 59.  He was progressively promoted to the grade of chief master sergeant, having assumed that grade effective and with a date of rank of 1 Mar 85.  He served as an Airborne Communication Systems Manager.  He voluntary retired from the Air Force on 30 Sep 91, having served 30 years and 6 days on active duty.

Current Department of Veterans Affairs (DVA) records reflect a combined compensable rating of 10% for his unfitting conditions.  

On 30 Mar 04, his CRSC application was approved for tinnitus rated at 10% and hearing loss which is rated at 0%.  His remaining conditions were disapproved based upon the fact that the service-connected medical conditions were determined not to be combat-related.

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AIR FORCE EVALUATION:

AFPC/DPPD recommends denial.  DPPD states his records do reflect he was treated for the above conditions although they are not considered to be the result of combat related acts, instrumentality of war, of due to hazardous service.  There is no record of any particular injury that he encountered that would be considered as combat related, just repetitive trauma from being an aircrew member for over thirty years.  He was treated for low back pain dating back to the early 1980s.  He had right and left knee problems dating back to 1968 when his knees inflamed when jogging.  Although he sought treatment, there is no documentation of injuries of trauma to the knees or his back.  He jogged 20-25 miles a week and continued to have knee and ankle problems throughout his career.  His bilateral pes planus is due to degenerative changes and soft tissue calcification at the ankles but considered to be non-combat related.  The fact that a member may have incurred a medical condition during a period of war, or while participating in combat operation/training exercises is not sufficient to support a combat related determination.  Military records must show a definite causal relationship between the armed conflict and the medical conditions.  

The DPPD evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 9 Apr 04 for review and comment within 30 days.  As of this date, this office has received no response.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the available evidence of record, it is our opinion that the service-connected medical conditions the applicant believes are combat-related were not incurred as the direct result of armed conflict, while engaged in hazardous service, in the performance of duty under conditions simulating war, or through an instrumentality of war, and therefore, do not qualify for compensation under the CRSC Act.  We agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00048 in Executive Session on 23 Feb 05, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPD, dated 30 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Apr 04.

                                   Chair